The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-12-14
Counsel on Both Sides Lgrss to Submit the
Case Without Argument.
Judgs Jackson Charges the Jury Strongly
Against the Defendant
No Decision Yet Rendered-Not Expected
That the Jury will be Long in Deciding
on a Verdict in the Case.

silence. Court was opened in the usual
way. Harper appeared accompanied by
his wife and her sister, and his little boy,
fine looking fellow of nine years. The
testimony for the defense was virtually
nothing. Mr.. Marchant told what was the
state OF the account Of Swlft's Iron and
Steel Works, in 1887. 1t amounted to Sl9,.
600 deposits and S19,sO0 withdrawn-an
overdraft. Mr.. Phillips was called to show
that the property of these works was
worth over 100000. ]. f. Larkln, banker,
was called to show that Wiltshire was buy
ing wheat for others than Harper, but all
be could say was that his bank had
handled some paper of Tmberlake's-
with Endorsements by Wiltshire, and the
court ruled it all out as incompetent. Tim
berlake himself was called. He said Will
shire never bought for him, nor he for
Wiltshire. Wiltshire had simply Endorsed
some of his papers Mr.. Blackburn said
his purpose was to show that Wilshire's
testimony that he had bought for Harper
only was not true. The Court reminded
counsel that Wiltshire had testified that he
bought million Bushels on his own &C.
count, and if they could show he had
bought more than this, it might be done
Edgar Stark, bank cashier, was called to
tell of Undertakes transaction, bat it was
ruled out and Mr.. Blackburn said: with
that ruling of the Courl we have no fur
ther testimony" 1t was now 1890. Mr..
Harper and his counsel withdrew for con-
snltation. Deputy Marshal Urner fol-
lowed. In ten minutes Mrs. Harper was
called out. The consultation was upon
the question of submitting the case
parties all returned and Mrs.
Harper was carrying her babe. She sat
down beside her husband with the child
on her knee, removed its white hood and
displayed a. lovely head aud face fair hair,
bright eyes, fine complexion and full,
round cheeks. There was a whispered con-
sultation at the table for a minute or two,
during which above the low hum of the
crowd could be heard the flute like tones
of the baby's voice as it reached to the
table after pspsrs. 1t was the only plea
that was offered for its father, for when Mr..
Blackburn arose he said that under the rul-
ing of the court as to the evidence offered
they had no more witnesses to offer.
The Government called Messrs. Htrch
and Hayes. hut the questions asked them
had been asked before, aud they we're ruled
out. Mr.. Burnett then said the Govern
ment would rest.
Judge Jackson-Will you argue the case?
Judge Wilson for the defense said they
would submit without argument If the
Government would.
Mr.. Burnet-"We will
JUDGE JAoKsoY's CHARGE.
Judge Jackson then prepared to deliver
his charge to the jury. Judge Jackson's
charge occupied an hour and fifty min
utes in delivery. He began by referring
to the form of the indictment, and then
gave the usual definitions of the points of
law necessary to be considered by the
jury In a criminal indictment. Re called
their attention to the difference between
n l. q.
ISOLATION, and others by which losses might
accrue, but not be criminal, ard remarked
that in every count Harper was charged
with criminal act. He defined the term
abstract as used in the Statute as mean
ing to take without the knowledge of the
officers of the association and use it for
the benefit of others, and with the intent
to defraud.
An intent to defraud applied to every
act which is illegal and tends to injure.
After defining what was meant by proof
beyond reasonable doubt, he said the re-
sponsibility of bank officers was not for
losses on honest legal loans in good faith,
for the benefit OF the association, but for
illegal acts for the benefit of others than
| the bank.
He then passed to a review of the facts
proven, saying the court could assume
| those things proven which had been pre-
sented in evidence on both side. He then
enumerated, one after another, the various
acts regarded as proven by Harper's admis-
| SION, such as a credit to the Riverside
| Iron and Steel Works upon no consider
alton. and declared that the defendant CON-
mItted a wrongful act when he took the
| check of the Riverside Works in that way.
| So of the $500 600 certificates of deposit in
the First National Bank, of New York,
| represented by his OWE check. This was
/ criminal act, admitted by the defendant.
Going on in the order of time the court
cited act after act, all admitted by Harper,
| which, under the ruling of the court, con-
| stituted criminal acts. Among Others was
| SIS, 900 to Hoyt for Hopkins, in which Har-
| per said he was TO be q sharer with Hop
klns. By sending collaterals to the
! Chemical National Bank, June 10Th,
| the defendant committed an I'M
| lawful criminal act, HarDer's heroic
efforts to save the bank do not excuse him
any more than man would be excused
for scuttling ship by afterwards making
efforts to save it. Referring to Harpsr's
defense, kat he was trying to save the
bank, he severely arraigned his method,
saying 1t was not reasonable for man to
sink 81, ACC, 900 in trying to save $4,000.
Summing up, he said the Court instructs
the Jury that it must find on his own ter
timony that the defendent had committed
a crime.
The Jury was then Instructed how 90
make thu form of their verdict, and they
were taken to their room to begin their
consultation. The Court adjourned until
o'clock.
The sudden close of the Harper trial
without argument was no surprise to any
one who had watched the progress of the
testimony and had knowledge of the law.
No counsel could have gone before that
| Jury to defend q man who had testified to
acts which must be declared by the court
| to be criminal, and the Government coun-
| sci had no need to argue where the de-
| PENDANT himself had proven the Govern
ment's case. It was, therefore, left to his
| little child to make, by its innocent pres
ence, the only plea that could be made for
| the great banker, and that could only be a
I plea for mercy from the Judge. But 1t
seemed TO have been Intellectual while the
[ Judge was declaring the law to the Jury.
Judge Jackson doubtless felt thatin that
duty there was no place for mercy. Ger
| tainly he spoke with regid clearness and
| unfiinching severely. His review of the
testimony showed q remarkably clear I'M
derstanding of the whole matter, and his
summing up Of Harper's misdeeds was q
| stunning blow TO any hope OF mercy that
| may have crept into the defendants mind.
.rhe magnitude of the amounts involved,
the frequency with which wrongful acts
were committed, all were shown In their
strongest light by the Judge rs he. detailed
from memory the testimony.